Bill to sometimes allow hearsay evidence sent to governor

CARSON CITY — A bill allowing hearsay evidence in some preliminary court proceedings was approved by the Nevada Senate on a party-line vote Saturday.

Assembly Bill 193 would allow witnesses and victims in preliminary hearings and grand jury proceedings to testify via audiovisual technology in cases involving child sexual assault, felony child abuse and felony domestic violence.

The bill passed 11-8, with Democrats opposed. It earlier passed in the Assembly 34-8.

Critics said it would change a fundamental policy in Nevada by limiting a defendant’s ability to confront accusers and gauge the strength of testimony.

Public defenders testified in opposition to the bill, which has been proposed in part to avoid the trauma of having children testify or be cross-examined at preliminary hearings. They would still have to testify at trial.

More than 200 defense attorneys threatened political retaliation against elected officials who support the bill.

State Sen. Greg Brower, R-Reno, said three dozen states, the federal courts and the military justice system allow limited use of hearsay evidence in preliminary court proceedings.

Victim advocates support the bill because it means witnesses and victims could spend less time in court recounting crimes against them.

The bill now goes to the governor.

Contact Sandra Chereb at schereb@reviewjournal.com or 775-687-3901. Find her on Twitter: @SandraChereb.